2.2-4030 - Recovery of costs and attorneys' fees from agency.
§ 2.2-4030. Recovery of costs and attorneys' fees from agency.
A. In any civil case brought under Article 5 (§ 2.2-4025 et seq.) of thischapter or §§ 2.2-4002, 2.2-4006, 2.2-4011, or § 2.2-4018, in which anyperson contests any agency action, such person shall be entitled to recoverfrom that agency, including the Department of Game and Inland Fisheries,reasonable costs and attorneys' fees if such person substantially prevails onthe merits of the case and the agency's position is not substantiallyjustified, unless special circumstances would make an award unjust. The awardof attorneys' fees shall not exceed $25,000.
B. Nothing in this section shall be deemed to grant permission to bring anaction against an agency if the agency would otherwise be immune from suit,or to grant a right to bring an action by a person who would otherwise lackstanding to bring the action.
C. Any costs and attorneys' fees assessed against an agency under thissection shall be charged against the operating expenses of the agency for thefiscal year in which the assessment is made, and shall not be reimbursed fromany other source.
(1981, c. 446, § 9-6.14:21; 1997, c. 692; 2001, c. 844.)